Term Of Use
1. Acknowledgment of Conditions
Welcome to the Earth Sense Farms website (https://earthsensefarms.in/) Our company, Earth Sense Farms, operates this website at No.43/1, Besant Avenue Road, Adyar, Chennai – 600020 (“We/Us/Our/Company”).
- These Terms of Use (“Terms”) serve as an agreement between you (“User/you/your”) and us. This agreement outlines the general terms and conditions for your use of the Website and any of its products or services (collectively, “Services”). Your access to and use of the Website and Services are contingent upon your acceptance and compliance with these Terms, as well as our Privacy Policy and Cookie Policy. These Terms apply to all visitors, users, and others who access the Website or use the Services. By accessing or using the Services, you agree to abide by these Terms. Please also refer to our Privacy Policy for additional information.
- We reserve the right to modify these Terms at any time without prior notice. You agree that it is your responsibility to regularly review these Terms to stay informed of any changes. Your continued use of the Website after modifications constitutes your acknowledgement and acceptance of the updated terms and conditions.
- The use of the Website is only available to individuals who can legally enter into contracts under the laws of India or their respective countries. If you are a minor, you may only use the Website with the involvement of a parent or legal guardian.
2. Appropriate Use and Behavior
- To utilize our Services, you may need to furnish personal information (such as identification, email, phone number, contact details, etc.) during registration or to access the Services. You confirm that all information provided will be accurate, truthful, and kept up-to-date.
- You are accountable for safeguarding the confidentiality of any login details associated with your account/s used to access our Services. Therefore, you are liable for all activities carried out under your account/s.
- Any attempt to access our Services through unauthorized means is strictly prohibited. You explicitly agree not to use any automated, unethical, or unconventional methods to access our Services.
- Engaging in any actions that disrupt or interfere with our Services, including the servers and networks used, is strictly prohibited.
- Reproducing, selling, trading, or reselling our resources is strictly prohibited.
- You are solely responsible for any repercussions, losses, or damages incurred or suffered by us directly or indirectly due to unauthorized activities conducted by you, as mentioned above. This may lead to criminal or civil liability.
- We offer open communication tools on our website, such as product ratings and reviews. Please note that we do not screen or monitor user-generated content on these tools. Thus, if you choose to use these tools to submit any content to our website or mobile application, it is your responsibility to use them ethically and responsibly. By using these tools and posting content, you agree not to upload, post, share, or distribute any inappropriate content.
- Content that is considered illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language is prohibited.
- Any content that violates trademark, patent, trade secret, copyright, or any other proprietary rights of any party is not allowed.
- Unauthorized or unsolicited advertising is not allowed.
- Impersonating any person or entity, including any https://earthsensefarms.in/> employees or representatives, is prohibited.
- Harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability is not permitted.
- Submitting false or misleading information is not allowed.
- Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet is prohibited.
- Collecting or tracking the personal information of others is not allowed.
- Using the Service for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping is not allowed.
- Using the Service for any obscene or immoral purpose is prohibited.
- Attempting to interfere with or circumvent the security features of the Service or the Website or any related website, other websites, or the internet is not allowed. We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
- We do not assume any liability for any content posted by you or any other third-party users of our Website / Mobile Application. However, any content posted by you using any open communication tools on our website, provided that it does not violate or infringe on any third party copyrights or trademarks, becomes the property of the Company. By posting such content, you grant us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute it as we see fit. This applies only to content posted through open communication tools and not to information provided during the registration process, which is covered by our Privacy Policy.
- You agree to indemnify and hold the Company, its parent company, and affiliates, as well as their directors, officers, managers, employees, donors, agents, and licensors, harmless from any losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or failure to fulfill any obligations related to your account, whether by you or another person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such an event, you agree to cooperate with us as reasonably requested.
- We have the sole discretion to remove any content that we believe does not comply with these Terms of Use, as well as any content that we find offensive, harmful, objectionable, inaccurate, or in violation of any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. By posting content that we choose to remove, you consent to its removal and waive any claims against us.
- This Website / Mobile Application may contain links to other websites, but we do not directly or indirectly imply any approval, association, sponsorship, endorsement, or affiliation with any linked website unless specifically stated. We are not responsible for examining or evaluating the content or offerings of any businesses or individuals on their websites. We do not assume any responsibility or liability for the actions, products, services, or content of any other third parties. It is your responsibility to review the legal statements and other terms of use of any website that you access through a link from this Website / Mobile Application. Your use of any off-site websites linked from our Website / Mobile Application is at your own risk.
3: Data Privacy
Protecting your privacy is a top priority for us, which is why we have established a dedicated Privacy Policy to thoroughly outline the procedures for collecting, handling, processing, safeguarding, and retaining your personal information. Our Privacy Policy is covered by these Terms of Use and can be accessed in full below.
4: Security of Data and Accounts
- As a user of the Website, you are expected to fulfill the following obligations: (a) ensure that your information provided to the Company is accurate, up-to-date, and complete; (b) maintain the confidentiality and security of your password and identification; (c) inform the Company immediately in case of any unauthorized use of your account or any security breaches; (d) take full responsibility for all activities carried out under your account; and (e) assume all risks associated with unauthorized access to your data and any other information provided to the Company.
- The User is accountable for all activities conducted using their account and password, regardless of whether they have authorized them or not. The Company will not be held responsible for any losses incurred due to unauthorized use of your account, but you may be held liable for any losses suffered by the Company or other parties as a result of such unauthorized use.
- By using the Website, you may need to download software onto your computer, phone, tablet, or other device. You agree that any updates to this software will be automatically applied and that these Terms will continue to govern any such updates.
5. Conduct code for users
- These Terms of Use apply to the use of the Website by its intended users only. The Website may not be used for any other purpose, unless it is directly related to your business with the Services. Any unauthorized use of the Website or its features may result in the Company revoking any granted usernames, passcodes, or permissions for accessing the Website.
- Downloading, copying, or retransmitting any or all of the content from the Website without a written license or agreement from the Company, or without a specific option provided by the Company, is strictly prohibited. Additionally, using data mining or similar methods to gather or extract information, manipulating or displaying the content of the Website through techniques such as framing or navigation technology, and using the Website for any purpose other than its intended purpose are all prohibited. These actions may also be in violation of copyright and trademark laws, privacy and publicity laws, and relevant regulations and statutes.
6. Liability Limitations
It is explicitly acknowledged and consented that any allegations against us will be restricted to the fee you have paid, if any, for utilizing our products and/or services. The Company shall not be held accountable for any direct, indirect, incidental, consequential, or noteworthy losses or damages that you may suffer due to the use of our Services, or due to any modifications, data loss or corruption, cancellations, loss of access, or downtime, to the maximum extent permissible under relevant liability laws.
7. Intellectual Property Rights
- The Company holds all the rights to the intellectual property of https://earthsensefarms.in/>, which includes but is not limited to text, graphics, website name, code, images, and logos. These materials are protected by copyright and trademark laws. Unauthorized use, such as reproduction, distribution, display, or transmission of any content from this Website, is strictly prohibited unless authorized by the Company.
- We are the operators of this Website. The Content, which includes text, graphics, data, images (photographic and moving), illustrations, software, and its arrangement, that is published, featured, or displayed on the Website, is our property. The Company must consent to any Content being published, featured, or displayed on the Website.
- Prior written permission is required before using meta-tags or any form of “hidden text” that includes the content, name, trademark, or product name of the Company.
Additionally, the overall appearance and design of the Website, which includes all page headers, unique graphics, button icons and scripts, as well as the Company’s trademark and/or trade dress, cannot be reproduced, imitated or utilized without prior written consent from the Company. Any other trademarks, registered trademarks, product names, and company names or logos mentioned on the Website belong to their respective owners. The mention of any products, services, processes or other information does not constitute or imply endorsement, sponsorship or recommendation by the Company, whether by trade name, trade mark, manufacturer, supplier or otherwise.
8. Cessation of usage
By using our Website, you acknowledge that we hold the right to temporarily suspend or permanently terminate your access to any or all parts of our resources, with or without prior notice, for any reason including, but not limited to, failure to comply with our Terms of Use. Any indication of unlawful, deceitful, or offensive behavior may result in the termination of your relationship and may be reported to the appropriate authorities. Upon suspension or termination, your ability to use our Services will be terminated immediately and we reserve the right to delete any data associated with your account, including login information.
9. Laws and Regulations
- Our company, based in India, controls the Website. It is accessible in most countries worldwide. Since each country has its own laws, by using our Website, you consent to the application of Indian laws, without regard to conflicting laws, to all matters related to its use and the purchase of any products or services.
- Any disputes arising from the use of the Website and any conflicts regarding the Terms of Use and Privacy Policy will be governed and interpreted in accordance with Indian laws, and the courts in Bangalore will have exclusive jurisdiction. By using our Website, you agree to the personal jurisdiction of these courts and waive any objections to their jurisdiction, venue, or inconvenience. The Company’s failure to enforce any right or provision of the Terms of Use will not be considered a waiver of those rights.
10. Assurance
The Company explicitly states that it does not guarantee any kind of warranties or conditions, whether explicitly stated or implied, such as the implied warranties and conditions of merchantability, fitness for a specific purpose, and non-infringement.
11. Disclaimer
The Company explicitly states in the Terms of Use that it does not guarantee or warrant the Website or its services and products. Any information on the Website should not be considered as authoritative advice, whether it be legal, medical, financial, etc.
You are responsible for any risks associated with using the Website. We are not liable for any errors, omissions, or technical issues that may arise from using the information on the Website.
This disclaimer is an integral part of the Terms of Use. To the maximum extent permitted by law, we will not be held accountable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses resulting from the use of the Website, its services, or these Terms of Use.
13. Payment Methods
- You can pay in Indian Rupees through any of the following methods: Net Banking, UPI, Wallets, or other payment modes that we may specify. Additional terms and conditions may be applicable based on your chosen payment mode. By using any of these payment methods, you agree to the terms and conditions that apply. We reserve the right to modify or remove these terms and conditions for payment options without prior notice.
- While using any of the payment methods provided on our Website or Mobile Application, we will not be held responsible or liable for any loss or damage caused directly or indirectly to you.
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- Going over the agreed upon limit between you and your Bank
- Unauthorized transaction/s, or
- Any payment complications resulting from the transaction, or
- Rejection of transaction for any other reason/s
- All payment transactions are subject to approval from your issuing bank / financial institution, as applicable. If your bank / financial institution does not authorize payment, we have the right to cancel the order without any responsibility. Additionally, you acknowledge that any delays in delivery caused by delayed payment authorization from your bank / financial institution will not be our responsibility.
- We have the right to reject transactions from customers with a history of questionable charges, including but not limited to breaking any agreement with us, violating any laws, incurring charges from the issuing bank, or violating any policies.
15, Complete Conditions
In the event that any part of these Terms of Use is found to be invalid or unenforceable according to applicable law, including but not limited to the warranty disclaimers and liability limitations stated above, it will be replaced by a valid and enforceable provision that closely aligns with the original intention. The rest of the Terms will remain in effect. These Terms and the policies for the Website constitute the complete agreement between you and us, superseding all previous electronic, oral, or written communications and proposals between us. Our failure to take action against a breach by you or others does not waive our right to take action against subsequent or similar breaches.
16. Unforeseeable Circumstances
Our company shall not be held accountable or liable for any inability or delay in fulfilling our contractual duties due to an “Event Outside Our Control”. This term is further defined below.
17. Contact Details
Should you have any inquiries or feedback regarding our Terms of Service, which are stated above, please feel free to reach out to us at:
EARTH SENSE FARMS
The Registered Address is located at